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COCA-COLA CO. v. JOSEPH C. WIRTHMAN DRUG CO.

No. 8986.

48 F.2d 743 (1931)

COCA-COLA CO. v. JOSEPH C. WIRTHMAN DRUG CO.

Circuit Court of Appeals, Eighth Circuit.

March 24, 1931.

Attorney(s) appearing for the Case

Frank Troutman, of Atlanta, Ga., and W. C. Michaels, of Kansas City, Mo. (Harold Hirsch & Marion Smith, of Atlanta, Ga., on the brief), for appellant.

D. A. Murphy, of Kansas City, Mo. (John T. Harding and R. C. Tucker, both of Kansas City, Mo., on the brief), for appellee.

Before STONE and GARDNER, Circuit Judges, and WOODROUGH, District Judge.

STONE, Circuit Judge.

This is an action to restrain alleged unfair competition. From a decree dismissing the petition upon a hearing on the merits, this appeal is brought.

Plaintiff manufactures a soda water syrup known as "Coca-Cola," which it sells to operators of soda water fountains for use in making a drink which is known by the same name or, popularly, as "Coke." The unfair competition charged is that defendant, a purchaser from it of such syrup for...

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